Legal Opinion
JMA Energy Co. v. State ex rel. Department of Transportation
Court of Civil Appeals of Oklahoma
Decided March 13, 2012No. 109,089PublishedCited by 1 opinion
1Opinion of the Court
DEBORAH B. BARNES, Presiding Judge.
{1 Defendant/Appellant State of Oklahoma ex rel. Department of Transportation (DOT) appeals the trial court's Order filed on December 14, 2010, denying DOT's exception to the report of appraisers. The issues on appeal concern the Oklahoma Surface Damages Act (SDA), 52 0.8.2011 §§ 318.2-318.9. DOT argues it is exempt from operation of the SDA and, therefore, Plaintiff/Appellee JMA Energy Company, LLC, (JMA) has no right, absent DOT's consent, to undertake drilling operations on land whose surface owner is the State. Based on our review of the record on appeal…
2Cases cited21 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Alden v. MaineSupreme Court of the United States · 1999
- Vanderpool v. StateSupreme Court of Oklahoma · 1983
- Lafalier v. LEAD-IMPACTED COMMUNITIESSupreme Court of Oklahoma · 2010
- YDF, INC. v. Schlumar, Inc.Supreme Court of Oklahoma · 2006
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3Cited by1 opinion
- Waldrop v. Hennessey Utilities AuthorityCourt of Civil Appeals of Oklahoma · 2014